What is the standard of review of a decision made by an arbitrator at an arbitration?

California, United States of America


The following excerpt is from Harshad & Nasir Corp. v. Global Sign Sys., Inc., 14 Cal.App.5th 523, 222 Cal.Rptr.3d 282 (Cal. App. 2017):

Cable Connection , supra , 44 Cal.4th at p. 1355, 82 Cal.Rptr.3d 229, 190 P.3d 586.) The arbitration agreement obligated the arbitrator to "prepare a written decision that shall be supported by written findings of facts and conclusions which adequately set forth the basis of the decision and which cites the statutes and precedents applied and relied upon in reaching his decision." Most significantly, the arbitrator's findings of fact and conclusions of law, as well as "the decision of the [a]rbitrator ... shall be reviewed on appeal to the trial court and thereafter to the appellate courts upon the same grounds and standards of review as if said decision and supporting findings of fact and conclusions of law were entered by a court with subject matter and present jurisdiction." The standards of review of a court's factual findings and legal conclusions are well-settled: We review factual findings for substantial evidence and legal conclusions de novo. (See, e.g., Haraguchi v. Superior Court (2008) 43 Cal.4th 706, 711, 76 Cal.Rptr.3d 250, 182 P.3d 579.) By providing for such review, the parties plainly expressed their intention that the merits of the award be subject to review under these standards.

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